The Writings of Sam Houston, Volume II

121

WRITINGS OF 5AM HOUSTON, 1837

on the water? I confess that I am not able to understand pre- cisely the idea intended to be conveyed by the expression, though it may be conjectured, it is surely but darkly intimated by the terms which have been employed. There is besides an indefiteness in the term "water course," in the place where it is used in the bill, that may lead to most unexpected operations. For example, surveys made on water cou1·ses are required to front so much on the water, and then out of course for quantity. A Bayou within a mile of the river is a water course equally with the river. From this it might result, that a survey might front one half of the square on the Bayou, and actually cross the river, so as to take both sides of it to include the quantity. This, though a mode of procedure that would be allowed by the loose terms of the law, is a conse- quence which was surely never contemplated by either of your honorable bodies. It is, nevertheless, a consequence to be ex- pected in practice from the keen sightedness of self interest, carving for itself its last and only slice of the public domain. If there be any force or propriety in these objections they will be sufficient for the present purpose, and save me the necessity of pointing out still others of a less serious character, which as I think may be taken to the bill, and if what I have here said shall have the effect of inducing a dispassionate consideration of the subject, I shall have the happiness of reflecting that I have, at least, done that much good for my country. Sam Houston. 1 The Jounial of the House of Representatives, of the Republic of Texas, 1st Cong., 2nd Sess., 128-131. 2 See Gammel, Laws of Texas, I, 1323-1326 for the law mentioned. It was passed over the President's veto.

To THE TEXAS SENATE 1

Executive Department, City of Houston, 10th June, 1837. Gentlemen of the Senate I take pleasure in nominating Colonel James C. Allen/ as Judge Advocate General, of the Army of Texas, also Major Thomas J. Morgan 3 as Brigade Inspector of the Army. I very respectfully request your concurrence in these nomina- tions as the appointments have issued some time since, and the Gentlemen have been in the discharge of their duties.

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